Technology, Law and... The Internets?

Monday, April 19, 2010

If you haven't already read it, be sure to check out Dr. Jane Hathaway's "Fate and Transport of Organic Chemicals in Groundwater: The Untold Story," published in 1997 by the American Journal of Hydrogeology. In the article, Dr. Hathaway argues that groundwater acts as a roller-coaster for organic chemicals looking for an exciting ride into nearby water passages. After explaining the complex and thrilling ride of chemicals through underground passages, Dr.Hathaway concludes that google is not an accepted method for finding scholarly articles and that you should get back to work.

Thursday, July 2, 2009

The text of 53 Pennsylvania Statute 7444 is as follows, unadulterated, unedited. The punctuation and paragraph breaks, or, lack thereof, are intact.

§ 7444. Municipal improvements, assessments, claims and liens Whenever, heretofore, the council of any city of the third class or of any borough, or the board of commissioners of any township of the first class of this Commonwealth has authorized by ordinance the grading, curbing, guttering, paving or macadamizing with concrete, brick, stone or other suitable material of any public street or thoroughfare, or portion thereof, either cartway, footwalk or gutter; and has caused such improvement to be made; and in such ordinance has authorized the advertising for bids therefor; and the assessment of benefits on the front foot rule or otherwise upon the property benefited thereby; and subsequent thereto pursuant to an ordinance passed, after the passage and approval of the original ordinance providing for the improvement, has authorized the entering into a contract for the said improvement with the Secretary of Highways of the Commonwealth of Pennsylvania and with the general contractor, who was the successful bidder with the Commonwealth for the construction of any portion of such streets or highways, without any advertising for bids on the part of the city, borough or township as provided for in the original ordinance authorizing such improvement; and has subsequent thereto brought proceedings for the appointment of viewers to assess benefits for the said improvements against the property abutting along the line of improvement in accordance with the provisions of the original ordinance authorizing the said improvement; or has by ordinance provided for the assessment against abutting property owners of benefits on the front foot rule or otherwise for such improvement; or whenever heretofore, the council of any city of the third class or of any borough, or the board of commissioners of any township of the first class of this Commonwealth has required by ordinance and caused to be made graded, paved, curbed or macadamized with brick, stone or other suitable material, or otherwise improved any property or public street or thoroughfare, or part thereof, either cartway, footwalk or gutter; or has covered or enclosed any watercourse or waterway in any street or thoroughfare so as to improve or extend and increase the driveway in any street or thoroughfare; or has vacated, confined, paved or altered the channel of any watercourse or waterway; or has caused any sewers whatsoever to be constructed within or without any such city, borough or township; or has caused ornamental lights to be erected pursuant to any ordinance; or has heretofore in accordance with existing law assessed a portion of the cost of such sewer as a sewage tax against property abutting along the line of said improvement on the side of said street, alley or highway which is located outside the limits of the said city, borough or township, the owners of such property being given permission by the said city, borough or township to use such sewer, and such property not being then provided with sewer facilities; and has by ordinance provided for the assessment against abutting property owners of benefits on the front foot rule or otherwise for such improvement, but owing to some defect in the petition, action of council or of the board of commissioners, notice of publication, failure to make said improvement in accordance with the strict terms of any ordinance, or any other proceeding or action necessary under existing laws and ordinances to give jurisdiction to such council or board of commissioners; or because of noncompliance with existing laws as to publication of copies of ordinance and posting of handbills prior to or after the final passage of such ordinance; or because of noncompliance with existing laws as to the purchasing of materials and supplies; or the awarding of contracts without advertising; or because the ordinance itself or the official record book containing the same has been lost, mislaid or destroyed; or such ordinance has not been transcribed in the official record book; or because of irregularity or error in the appointment of viewers to assess benefits against property abutting along the line of improvement; or because of the neglect of viewers, appointed to assess damages and benefits caused or accruing as a result thereof, to file their report within the time required by law for the filing thereof; or because of irregularity or error in the method or procedure taken for the ascertainment of the amount of benefits to such property; or because of any irregularity or error in the ordinances or passage or approval thereof authorizing the execution of the work, the contracting therefor, and the assessing of benefits therefor, or where the right of the board of viewers to assume jurisdiction and to act in assessing the properties benefited thereby is questioned; or because of any irregularity or error in the failure to bring the proceedings for the assessment of benefits on the front foot rule or otherwise for such improvement before the board of viewers within the time provided by law; or the failure to assess the benefits therefor in the manner now provided by law; or because of any irregularity or error in arriving at or determining the benefits assessed against any such property; or because of the failure to give notice as required by law or ordinance; or the time for filing a lien or making claim for such improvement has expired; or the claim has not been filed after notice to do so; or for any other reason the costs of such improvement, or portion thereof, were not or cannot be legally assessed upon the property bounding or abutting on the line of the improvement or on the street or part thereof improved; or owing to some defect in the statement of claim filed to secure the lien, or the failure of the city, borough or township solicitor to file the lien in the court of common pleas, or to sign the name, or to have stamped thereon a facsimile signature of the said solicitor or chief executive of the claimant for the costs of such improvement, or any error made in the name of the owner or owners of the abutting property along the line of the improvement payment thereof cannot be enforced; or if the ordinance of the city, borough or township, authorizing the construction of any improvement, was in fact adopted before such city, borough or township was legally empowered to make such assessments on property within or outside the limits of such city, borough or township, if such improvement was actually constructed, and such assessments against property within or without the limits of such city, borough or township made subsequent to the time when such city, borough or township was legally empowered to levy such assessments as was contemplated by the act or acts of General Assembly under which the improvement was attempted to be made; and statement of claim filed, now by this act such improvement is made valid and binding and also any statement of claim, heretofore filed, if any, to secure the liens therefore is also made valid and binding, and the jurisdiction of any board of viewers hereinbefore mentioned to entertain such proceedings and the assessments made pursuant to such proceedings against property within or without the limits of any such city, borough or township shall be valid and binding, and the council of such city or borough and the commissioners of such township may cause the property, bounding or abutting along the line of the improvement or on the street, or part thereof, upon which the improvement has been made or is now being made, to be assessed in the manner now provided by law or by the board of viewers' proceedings in the manner and at the rates now provided by law with such a portion of the costs of such improvement as is contemplated by the law under which the improvement was made, or attempted to be made, or is now being made; and all such benefits and all assessments heretofore made or determined are hereby ratified, confirmed, and validated; and any statement of claims heretofore filed, if any, to secure the liens therefor are also hereby ratified, confirmed, and validated. Such assessment or other assessment heretofore made or hereafter made in proceedings now pending within the time limitations specified in this act shall be a lien upon the property assessed, and any lien heretofore filed for benefits assessed or for the cost of such improvement, or any part thereof, although the report of the viewers assessing the same was not filed within the time required by law for the filing thereof, is hereby made valid and binding with the same force and effect as though such report was filed within the time required by law for filing the same. The lien shall date from the completion of the improvement for which the assessment is made whether the work was completed through one or several operations or contracts, or from the date of filing the same, and shall remain a lien until fully paid and satisfied: Provided, That a writ of scirefacias is issued to revive the same during every period of five years after the lien is filed, as hereafter provided: And provided further, That this act shall not validate any lien against any property which has been conveyed to a bonafide purchaser thereof subsequent to the expiration of the period prescribed by law for the filing of such liens and prior to the date of the filing thereof, or give the lien thus filed priority over any bonafide lien or liens filed, entered or recorded, or which shall have otherwise attached subsequently to the time prescribed by law for the filing of such municipal lien and prior to the time of the filing thereof.

Source:

TITLE 53. MUNICIPAL AND QUASI-MUNICIPAL CORPORATIONS

PART I. GENERAL MUNICIPAL LAW

CHAPTER 25. MUNICIPAL CLAIMS AND TAX LIENS

ARTICLE X. VALIDATING ACTS

Congratulations, 53 P.S. § 7444! You are THE example of why people hate the law!

Find a statute you think beats out the current winner? Post a comment with the citation, it could knock out the current winner!

Alvarado, a resident of Los Angeles County, California, filed the class action complaint in Washington as a diversity action, with JD/venue proper since Microsoft has its principle state of business in Redmond Washington.

The benefits of filing complaint under Washington state law are unclear. Considering the breadth of consumers "harmed" by Microsoft's alleged anti-competitive behavior, wouldn't it be proper to pursue an interstate system of relief?

Specifically, the complaint alleges in claim 1:"33. Beginning at a time presently unknown to Plaintiff, and continuing through thepresent, Defendants entered into and operated a continuing unlawful trust in restraint of tradeand commerce. This trust consisted of a continuing combination, agreement, conspiracy,and/or understanding between and among Defendants, OEMs, IAPs, and others with respect tothe licensing and sale of the Windows Vista operating system within the State of Washingtonand throughout the United States.

The unlawful trust has had the following effects, among others: a. competition in the sale of Intel-compatible PC operating systems software has been suppressed, restrained, and/or eliminated; b. prices of the Windows Vista operating system have been fixed, maintained and stabilized at supra-competitive levels; c. prices of the Windows XP operating system have been fixed, maintained and stabilized at supra-competitive levels and customers have been forced to purchase the most expensive version of this program in order to “downgrade” from the Windows Vista operating system; and d. Microsoft prohibited its OEM's (Dell/HP/Sony, etc.) from selling newcomputers with Windows XP operating system pre-installed.

35. The conduct of Defendants as alleged herein constitutes a violation of theWashington Unfair Business Practices Act.

36. As a direct and proximate result of the anti-competitive practices describedherein, Plaintiff and the members of the Class have been injured in their business or propertywithin the meaning of Section 19.86.090 of the Washington Unfair Business Practices Actbecause they have been forced to purchase Vista rather than alternative operating systemssoftware and have been required to pay additional amounts of money to “downgrade” to theWindows XP operating system."

Thursday, February 12, 2009

I've been a proponent of HDR photography ever since my first attempt, but although I've posted some of my work (here and on flickr) I haven't shown a comparison / process photo. Last year I posted Water Song, an HDR image taken under canopy of several roses and water dripping down a bit of mesh. The image never received much attention, but it's one of my favorites because it reminds me of home/summer - My mother always keeeps flowers or roses on her deck, under a canopy - and this image was taken of just that. The deep color of the flowers combined with the drops of water is warming to me:)

I took a few different shots of this subject - Water Song being the HDR product via Photomatix - below is my favorite non-hdr shot, followed by Water Song in HDR.

Notice this is the same subject matter, but the deep reds and blacks a more distinguished in the HDR image. A lot of HDR photographs wind up looking surreal - I USUALLY aim to recreate and highlight rather than distort, fittingly the HDR image above is much more true to what the subject actually looked like than the non-hdr. It's sometimes difficult to capture the mood of a subject; I've found HDR a valuable tool both before the shot and in processing for accurately recreating a scene (especially when you don't have a super expensive camera/lens)

As with all my photos, both shots are in high res on my flickr, and are free to distribute via Creative Commons license (with attribution).

Tuesday, February 3, 2009

As a guy who likes to keep up with seasonal fashion, I was inspired by a recent article at Associatedcontent.com listing some must haves for Spring 2009 men's fashion. Among some typical gear, the author ranked designer sunglasses as a must have for the coming spring. As a proponent of designer sunglasses (they LAST!), and since my pair of Tommy Hilfiger sunglasses were accidentally dropped in the ocean last summer, I decided to put together a quick list highlighting my best spec picks for the season.

My interest in Silhouette glasses was sparked by a ECJ case I read in an International Intellectual Property class (international exhaustion of property rights) . Until then I was unfamiliar with the brand, but they're huge in Europe (an Austrian Company). This pair screams bronze - pair it with off-white, cream, you name it. Take these shades out for a night downtown, just rest them up on your head. Nobody likes a guy actually wearing shades at night, but I've had some success putting them up as an accessory - if you can get away with it, why not?

So that's my top three for the season. You'll notice all three are wire frame - I'm not a big fan of plastic wrap-arounds - unless you've got the snowboarder look to go along with it they're too flashy. Now don't get me wrong, I've been snowboarding since I was 15, but that doesn't mean I dress the part.

All three pairs are available at eyeglasses.com (along with many other styles), you can click through each picture for more information.

Tuesday, December 16, 2008

I've been using the Samsung i760 for about 3 months now, and I've been mostly satisfied. One of my only issues with the phone is the inability to press more than one key at a time - it slows down my text messaging significantly, and makes me miss characters often.